In a Massachusetts wrongful death action, the estate and beneficiaries of the individual who was injured and subsequently died are entitled to damages from the individual, group or company that caused the injury. Because the deceased individual cannot personally recover damages for his or her injury resulting in wrongful death, Massachusetts wrongful death laws are primarily designed to provide compensation to the deceased’s survivors. Those beneficiaries who are entitled to receive damages for a married decedent are the spouse and any children, while beneficiaries receiving damages for an unmarried decedent are the next of kin.

There are many steps that must be taken to build and prove a viable Massachusetts wrongful death claim. Massachusetts courts require first that beneficiaries prove that a third party’s negligence directly led to the death of the decedent. Massachusetts judges and juries will also consider comparative negligence and imputed comparative negligence when deciding the amount of recoverable pecuniary damages.

Massachusetts residents grieving the death of their loved one need support from a trustworthy lawyer specializing in Massachusetts wrongful death cases. The expert Massachusetts wrongful death attorneys at the Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates will gather and analyze all pertinent evidence relating to your case to demonstrate both negligence and causation. We will zealously and aggressively defend you in court to reduce comparative and imputed negligence so that you receive the maximum monetary damages that are available under the particular facts and circumstances of your case.

If your loved one was killed in a Massachusetts wrongful death accident, you have legal options. Our expert Massachusetts wrongful death attorneys can help you get the compensation you deserve. Contact our Boston, MA wrongful death law firm today by phone at 617-787-3700 or by email at info@gilhoylaw.com. Our wrongful death lawyers will immediately begin working diligently and efficiently for you to ensure that your rights are protected throughout the wrongful death legal process.

Proving Negligence and Causation in a Massachusetts Wrongful Death Case

Negligence, namely inattention, carelessness or mistakes, must be proven in Massachusetts wrongful death cases in order to obtain compensation for damages. The experienced team of Boston wrongful death attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates is highly skilled at proving negligence based on the following components:

The defendant had a duty or obligation to the decedent;

The defendant breached, or failed to uphold, his or her legal duty to the decedent;

The injury and subsequent death were caused by the defendant’s breach of duty and negligent actions;

The beneficiaries or dependents of the deceased are entitled to damages arising from the wrongful death of their loved one.

While the length of time between the injury and the subsequent death is irrelevant with respect to liability, it is necessary to prove a causal connection between the defendant’s negligent actions and the plaintiff’s death in order to have a valid Massachusetts wrongful death claim. If, for example, the decedent failed to receive treatment for his or her injuries, which later proved fatal, the defendant may not be found liable for Massachusetts wrongful death damages because the decedent failed to seek medical care that could have prevented his or her death.

In order to prove causation and negligence, the expert Boston wrongful death lawyers at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates will conduct an immediate and thorough investigation into your case. Our expert Boston wrongful death injury lawyers will help you procure and evaluate all of the necessary evidence to build the strongest case possible, including any relevant medical bills, witness statements and other documents. Our Massachusetts wrongful death attorneys also work with a network of experts, including medical specialists, product design engineers, forensic pathologists, and construction site specialists, to assess the details of your Massachusetts wrongful death case and ensure that all evidence is found and preserved.

Comparative Negligence

A Massachusetts jury may determine that a decedent was comparatively negligent, or partially responsible, for his or her injury and subsequent death. If the decedent is found to be more than 50% at fault for the accident or injury that resulted in his or her death, the decedent’s survivors will not be entitled to recover damages. In instances where the decedent is less than 50% responsible for his or her injury, but still partially responsible, the damages eligible for recovery will be reduced by that percentage of comparative negligence. Our expert team of Boston, MA wrongful death lawyers is always completely up to date on all aspects of Massachusetts wrongful death law, and we will work to establish the lowest amount of fault that is possible for the decedent.

Imputed Comparative Negligence

In certain cases, a survivor and beneficiary of the decedent may be comparatively negligent. In other words, they may share fault for the wrongful death of their loved one. For example, the beneficiary may have been the driver of a car involved in an accident in which the decedent was a passenger. Under Massachusetts law, a beneficiary who is partially responsible for the wrongful death accident may still file and recover monetary damages in a Massachusetts wrongful death claim. Massachusetts courts, however, do not permit members of the same family to file wrongful death lawsuits against one another.

The types of damages that a beneficiary may be entitled to receive depends on many factors, including the relationship to the decedent, the anticipated life span of the decedent had he or she not suffered a wrongful death, any contributory negligence, and of course, the specific circumstances surrounding the Massachusetts wrongful death. Only an attorney specializing in Massachusetts wrongful death cases can provide you with the guidance and representation you need to recover full and just compensation for your losses.

Statute of Limitations

In most cases, Massachusetts law allows individuals to file a Massachusetts wrongful death claim within three years after the wrongful death or three years after it was discovered that the death was due to another person’s negligence. In instances of medical malpractice or other causes of wrongful death, the time to act may be extended.

It is always critical, however, to consult with one of our experienced Boston wrongful death lawyers before your time to file a Massachusetts wrongful death claim expires. If you believe that your loved one suffered a wrongful death as a result of someone else’s negligence, please call our Boston wrongful death lawyers right away at 617-787-3700 or email us at info@gilhoylaw.com to make sure that your rights are fully protected.

History of Massachusetts Wrongful Death Law

Before 1840, the common law in Massachusetts did not permit family members to recover compensation for their loved one’s wrongful death. The wrongful action committed by the tortfeasor, the person that injured the decedent, was considered personal to the party that was actually physically injured. When the injured person died, so too did his or her right to file a claim for damages. Not until 1840 was any family member legally allowed to file a claim on the decedent’s behalf, despite the pain and suffering they experienced after the loss of their loved one, and the financial hardship that they would thereafter endure from a loss of income.

As modern personal injury law developed in Massachusetts, legislators began to recognize the injustice of allowing a wrongdoer, who injured his or her victim so badly as to ultimately cause them to die, to get away without owing damages to anyone affected by the tragedy. Massachusetts wrongful death laws were then passed to address this problem.

In 1840, Massachusetts enacted its first wrongful death statute. That law allowed family members to obtain compensation after the wrongful death of their loved one. However, the 1840 Massachusetts wrongful death law differed significantly from the current wrongful death statute in Massachusetts. The old statute was punitive in nature, rather than compensatory, meaning that damages were decided based on just punishment for the wrongful behavior of the tortfeasor, rather than awarding the family members compensation for their losses.

An amendment created in 1973 changed the then-existing wrongful death law in Massachusetts and brought the wrongful death statute to its modern form. The current Massachusetts wrongful death statute aims to compensate survivors of a victim of wrongful death for the monetary losses they have suffered. There is still a provision in the law today that allows for the recovery of punitive damages for intentional or malicious conduct resulting in death.

Theory of Recovery in Massachusetts Wrongful Death Cases

The Massachusetts wrongful death statute provides for what is known as a “consortium recovery.” This means that the court measures damages by the amount of loss caused to the family members filing the claim. This system varies from other states which instead use the loss to the decedent or the loss to the decedent’s estate to decide how much in damages should be awarded.

The principles of liability in Massachusetts wrongful death cases are stated in Massachusetts General Laws, Chapter 229, Section 2 as follows:

“A person who (1) by his negligence causes the death of a person, or (2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted, or (3) operates a common carrier of passengers and by his negligence causes the death of a passenger, or (4) operates a common carrier of passengers and by his willful, wanton or reckless act causes the death of a passenger under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted, or (5) is responsible for a breach of warranty arising under Article 2 of chapter one hundred and six which results in injury to a person that causes death, shall be liable in damages.”

Under this Massachusetts statute, monetary compensation can be recovered for Massachusetts wrongful death resulting from negligence, reckless or intentionally cruel behavior, or breach of warranty (when an individual or entity creating or selling a product does not uphold the promises it made to the consumer, subsequently resulting in death). Compensation may be obtained for the loss of reasonably expected net income, care, assistance, companionship, society, guidance, counsel and comfort, as well as funeral and burial expenses. If it can be proved that the death was caused by recklessness or intentionally malicious conduct, as opposed to negligence, compensation may be obtained for punitive damages.

The Boston wrongful death lawyers at the Boston, Massachusetts law office are experts in all types of Massachusetts wrongful death claims and Massachusetts wrongful death trials. The Boston Law Offices of Gilbert R. Hoy, Jr. and Affiliates, which specializes in Massachusetts wrongful death claims, is able to provide you or your loved one with the following Massachusetts wrongful death lawyer specialists:

The Boston wrongful death attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates are recognized experts with regards to all types of Massachusetts wrongful death claims. Please call our expert Boston wrongful death lawyers at 617-787-3700 or email us at info@gilhoylaw.com for a free and confidential consultation.

If it is more convenient for you, Attorney Gil Hoy will come to your home, the hospital or another location of your choosing to meet with you and discuss your Massachusetts wrongful death claim.

We know how important your Massachusetts wrongful death claim is for you. Call us 24 hours a day, 7 days a week. Even if you get our answering service, leave a message because we will call you right back. You can count on it.

We charge you no attorney’s fees unless and until we successfully and fully recover just compensation for your Massachusetts wrongful death accident injury. We are relentless and will not stop until we obtain justice for you and your family members.